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Case Law Details

Case Name : Bar Council Of India Vs CIT (Delhi High Court)
Appeal Number : W.P.(C) 4330/2019
Date of Judgement/Order : 05/01/2024
Related Assessment Year : 2016-17
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Bar Council Of India Vs CIT (Delhi High Court)

Introduction: The Bar Council of India (BCI) sought relief from the Delhi High Court against the Commissioner of Income Tax’s order, aiming to quash the decision and secure acceptance of Form No.10 after condoning a delay. This article delves into the background, arguments presented, and the court’s final decision.

Detailed Analysis:

1. Background: The BCI, as the apex regulatory body for legal education, filed for exemption under Section 10(23A) of the Income Tax Act for the Assessment Year 2016-17. Amendments introduced in 2016 went unnoticed during the filing, leading to subsequent corrective measures and a revised computation.

2. Events Leading to Impugned Order: Despite filing Form 10 and an application for condonation of delay, the Assessing Officer passed an order on 30.12.2018, not considering the exemption claimed. The respondent, on 30.01.2019, dismissed the delay condonation application, alleging lack of intention on the part of the petitioner.

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